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AF | BCMR | CY2013 | BC 2013 02861
Original file (BC 2013 02861.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02861
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His records be corrected to reflect a pay date of 21 March 
1987 rather than 8 April 1989 and he receive retroactive pay.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

Upon obtaining his Air Guard Reserve (AGR) orders (1 June 2012), 
the Military Personnel Data System (MilPDS) inadvertently 
changed his pay date from 21 March 1987 to 8 April 1989.  This 
mistake was originally corrected on 30 June 2004 by the Air 
Reserve Personnel Center (ARPC).  However, the correction was 
never updated in the MilPDS.

In support of the applicant’s appeal, he provides email 
communique, letter from ARPC/DPSSU, DD Form 4, 
Enlistment/Reenlistment Document Armed Forces of the United 
States, and other documentation.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of lieutenant colonel.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

________________________________________________________________
_





AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial.  DPSIPV states the applicant 
enlisted in the US Air Force Obligated Reserve Section (ORS) to 
attend Reserve Officers Training Corps (ROTC) beginning 
24 September 1984.  He was disenrolled from the program and 
discharged 14 October 1986.  Furthermore, he did not remain 
affiliated with the military; it was not until 8 April 1989 that 
he enlisted into the New York Air National Guard.  On 15 
February 1990, the applicant was commissioned as a second 
lieutenant.  He served on a Title 32, AGR tour from 1 June 1997 
to 31 May 2012.  It was during that time that ARPC incorrectly 
adjusted his pay date to include the time he was in ROTC.

According to AFI 36-2604, 1.3.4.2.1, HQ AFPC/DPSIPV is 
responsible for computing and establishing pay dates for all 
prior service members upon entry on to active duty.  On 1 June 
2012, the applicant entered a Title 10 AGR tour.  His service 
dates were verified by DPSIPV; the error in his pay date was 
discovered and corrected removing the credit for the time he was 
in ROTC.

On 30 June 2004, ARPC incorrectly changed the applicant’s pay 
date to 31 March 1987 to include the period of time he was in 
ROTC as creditable service.

The applicant did not retain his enlisted status due to his 
discharge and subsequent commissioning.  Members attending ROTC 
are assigned to the Obligated Reserve Section (ORS), not to the 
Selected Reserves.  To be in the Selected Reserves a member is 
assigned to an active Reserve unit and participates in monthly 
drills.  The AF Reserve members attending ROTC are assigned to 
ORS not the Selected Reserve.

ROTC time is not creditable for pay purposes in a commissioned 
status.  The time is only creditable toward establishing the 
Date of Initial Entry to Uniformed Service (DIEUS) and 
completion of the Military Service Obligation (MSO).  DPSIPV has 
corrected his DIEUS date in the MilPDS to the date he entered 
ROTC 28 September 1984.

Time spent in ROTC is not creditable service for commissioned 
officers.

The complete DPSIPV evaluation, with attachments, is at Exhibit 
B.

________________________________________________________________
_




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 August 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02861 in Executive Session on 6 February 2014, 
under the provisions of AFI 36-2603:







The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02861 was considered:

  Exhibit A.  DD Form 149, dated 12 June 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPSIPV, dated 30 July 2013,
              w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 30 August 2013.





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